Right of way and protection of restoration work granted; counterclaim mostly dismissed

Background

To clear structures on its forest land, our client needed to pass over part of an adjacent ditch site, and under an administrative restoration order it also had to remove paving from its own farmland. When the opposing parties, who ran a neighboring restaurant, blocked the passage and the work, our client sued to confirm a right of way and to prohibit interference with the work. The opposing parties counterclaimed for a right of way over our client's land.

Issues and ruling

The court found that our client needed to pass through the area to restore its own land and that the opposing parties had made clear they would not allow it. Paving beyond the scope of the farmland conversion permit was subject to restoration, so the opposing parties could not obstruct the work. As for the counterclaim, the main route was dismissed because passage was already secured, and only a small connecting strip (about 20 square meters) was recognized.

Outcome

Our client's right of way and the prohibition on interfering with the work were granted, with KRW 300,000 payable for each day of violation. The opposing parties bear most of the costs of the main claim and 90% of the costs of the counterclaim.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.